Legal Analysis for Paper Ballot Solution in Georgia by Attorney Jared Craig President Georgia State Chapter Veterans for America First
Georgia's grassroots leaders are calling to get rid of the dominion machines and return to paper ballots. Veterans for Trump attorney Jared Craig, who is also the VFAF state chapter president, provides a legal grounds for moving forward.
Veterans for Trump will be partnering with Women for America First on the effort to transition to Paper Ballots, press on that partnership effort will follow through the national press room.
Legal Analysis for Paper Ballot Solution
A. Decertifying the Non-Compliant Voting Machines:
o O.C.G.A. §§ 21-2-368, 21-2-379.24, 21-2-379.2:
§ Who? 10 + electors can request SOS to examine voting machines
§ Standard for Approval: "Safely and Accurately used by Electors … to accurately record and tabulate votes …"
§ Effect of Examination:
"Fair, legal and orderly elections" are the Board's watch words for our service to the people of Georgia. We are committed to the highest standards of integrity in our service to our state and its citizens and all matters related to the election process. These are the values to which we commit."
o "If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of voting machines is not possible OR practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of voting machines for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of voting machines wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used."
o Impossible ≠ Impracticable: the Georgia code section states, possible OR practicable, which means there are 2 different meanings and 2 different standards.
§ Impossible: "The fact or condition of not being able to occur, exist or be done." (Black's Law Dictionary)
§ Impracticable: contract law: excessively difficult, expensive, or harmful condition that excuses a party to the contract from performing. The condition or act is possible, but not feasible to perform at a loss. Under the Georgia Commercial Code (O.C.G.A. §§11-2-615, 11-2-614), it is defined as a loss of profits or reduced profit margins that allow substitute performance between a seller and buyer.
B. Authority of the SOS over the County Board of Elections/Superintendents
o the GA General Assembly may create board of elections in any county or municipality, and when they do so, said board operates with the powers and duties of the Election Superintendent.
(4) "To select and equip polling places for use in primaries and elections in accordance with this chapter."
(5) "To purchase … and maintain equipment of all kinds … and to procure ballots and all other supplies for primaries and elections."; and
(8) "To instruct poll officers and others in their duties … and to inspect systematically and thoroughly the conduct of primaries and elections … that primaries and elections be honestly, efficiently and uniformly conducted."
Pearson v. Kemp: NDGA 11th Circuit Case No. 1:20-cv-04809-
Jacobson v. Florida Secretary of State: 11th Circuit: 974 3d. 1236: This was the GA SOS reference point to direct primary authority over ballots and voting methods to the County/Municipal Election Boards.
C. Void Contract with Dominion violates O.C.G.A. §§ 21-2-368, 21-2-379.24, 21-2-379.2: the State Election Board contract with Dominion cannot comply with Georgia State laws that require the actual voter to confirm their actual tallied ballots. QR Codes cannot be read by the naked eye, and therefore non-compliant process.
D. Judge Amy Totenberg Unseals Following Reports June 7, 2023 that illustrate Dominion ImageCase X System insecurities:
Recently the veterans organization was covered in the media for their powerful endorsement and the forming of state chapters : https://fox59.com/